How Appealing

Wednesday, May 1, 2013

"Appeals court in Va. reinstates wrongful death suit against Marriott stemming from '08 bombing": The Associated Press has this report.

Bloomberg News reports that "Marriott Can Be Sued in U.S. Suit Over Islamabad Bombing."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:02 PM by Howard Bashman

"Who's Sorry Now": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:12 PM by Howard Bashman

"Sandra Day Late: Retired Justice O'Connor regrets the Supreme Court's lurch to the right; So why didn't she stay and prevent it?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:51 PM by Howard Bashman

Update on this blog's current book give-away, for a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution." The deadline for entries was noon today. Tonight, all of the entries will be reviewed, and a winner will be selected. Tomorrow morning, the winner will be notified by email, and the book will be mailed to the winner. Thanks to all who entered!
Posted at 04:22 PM by Howard Bashman

"Orie Melvin's Resignation Official Today": Today at "The Legal Intelligencer Blog," Amaris Elliott-Engel has a post that begins, "Suspended Justice Joan Orie Melvin's stint on the Pennsylvania Supreme Court is over today."
Posted at 03:05 PM by Howard Bashman

"Man in Landmark Supreme Court GPS Case Pleads Guilty": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:51 PM by Howard Bashman

More Savage coverage of Guantanamo: Online at Maclean's, Luiza Ch. Savage has an item headlined "Five things to know about Obama and Guantanamo."
Posted at 02:45 PM by Howard Bashman

"Is the president's recess appointment power effectively dead?" Dominic Perella has this essay online at msnbc.

And Amanda Becker of Reuters has an article headlined "NLRB is casualty of larger political battle, ex-head says."
Posted at 02:22 PM by Howard Bashman

"Q&A: Daniel Crane on customer discounts and antitrust law." Andrew Longstreth of Reuters has an article that begins, "When the U.S. Supreme Court on Monday declined to take an appeal by electrical and hydraulic systems maker Eaton Corp Plc, it came as a disappointment to Daniel Crane, a professor at the University of Michigan Law School."
Posted at 02:20 PM by Howard Bashman

"The First Amendment and the 'Reparative' Therapy Cases": Online at The National Law Journal, Robert McNamara and Paul Sherman have an essay that begins, "Recently, a panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in what are bound to be two of this year's most controversial cases."
Posted at 11:42 AM by Howard Bashman

"Proposed E-Commerce Taxation Bill Might be Unconstitutional": Michael P. Abate has this essay (click here for free access to the full text) at
Posted at 11:38 AM by Howard Bashman

Access online the opening brief for appellants filed in the Pa. Supreme Court by the current and former judges challenging the constitutionality of Pennsylvania's mandatory retirement age for state judges: You can access the Brief for Appellants at this link. Although I have not carefully reviewed the brief, I did notice that it violates one of my brief formatting pet peeves -- using italics when you don't have the italics version of the brief's font installed.

If anyone forwards to me electronic copies of the other appellate briefs filed in this case, I will be glad to make them available too. Oral argument is scheduled to occur one week from today in Harrisburg.
Posted at 11:34 AM by Howard Bashman

"Sandra Day O'Connor: H.W. Bush Victory Was 'Vital for the Court'; An old letter suggests she too once saw the Supreme Court as a political body." Linda Hirshman has this essay online at The New Republic.
Posted at 09:34 AM by Howard Bashman

"Guest Post: Nine Reasons why the Supreme Court Should Side with Myriad and Affirm the Patenting of Isolated Human Genes." Benjamin Jackson, senior director of legal affairs at Myriad Genetics, Inc., had this guest post yesterday at the blog "Patently-O."
Posted at 09:30 AM by Howard Bashman

"Prof. Arthur Miller on the classic in rem case involving a 68-carat diamond": NYU Law has this tweet linking to an article that Maclean's Magazine has posted online headlined "One diamond's dark and mysterious past: Meet the Maltese Falcon-like gemstone that sparked a five-year storm of desire, political intrigue and crime."
Posted at 09:20 AM by Howard Bashman

Happy Law Day, everyone! As Wikipedia explains, "Implemented as a Cold War stunt to combat communism, as the rest of the world recognizes May Day as International Workers' Day, Law Day is not commonly recognized by the American public."

Meanwhile, for those -- like me -- who have a college-bound high school senior in the household, today's broadcast of NPR's "Morning Edition" contained a friendly reminder segment titled "High School Seniors Must Secure College Spots With Deposits."
Posted at 09:14 AM by Howard Bashman

"Amid Hunger Strike, Obama Renews Push to Close Cuba Prison": Charlie Savage has this front page article today in The New York Times. The newspaper also contains an editorial titled "The President and the Hunger Strike."

Today's edition of The Los Angeles Times contains an article headlined "Obama renews call to close Guantanamo prison; Responding to a mass hunger strike and forced feedings at the military prison at Guantanamo Bay, President Obama ends a long silence on the issue and again urges Congress to shut it." The newspaper also contains an editorial titled "Erasing the stain of Guantanamo: President Obama shares culpability in the failure to close the prison, and it's up to him to take action now."

The Washington Post reports that "Obama vows a new effort to close Guantanamo Bay prison." The newspaper also contains an editorial titled "President Obama must make closing Guantanamo a priority."

At, Josh Gerstein has an article headlined "Gitmo: An Obama 'imperative' -- but not a priority?"

And online at The New Yorker, Amy Davidson has a blog post titled "A Hundred Hungry Men at Guantanamo."
Posted at 09:07 AM by Howard Bashman

"How Wall Street Defanged Dodd-Frank: Battalions of regulatory lawyers burrowed deep in the federal bureaucracy to foil reform." Gary Rivlin has this lengthy article online at The Nation.
Posted at 08:47 AM by Howard Bashman

"Lawyers who defend terror suspects have thankless task; Why do they do it? The defense team for Boston bombing suspect Dzhokhar Tsarnaev includes several lawyers experienced in terrorism cases; It takes a certain kind of lawyer, it seems, to represent accused terrorists." Ron Scherer of The Christian Science Monitor has this report.

At the blog "a public defender," Gideon has a post today titled "The Cost of Tsarnaev: the inexorable march toward totalitarianism."

And at the Defining Ideas site of the Hoover Institution, law professor Richard A. Epstein has an essay titled "Civil Liberties After Boston: Given the stakes, law enforcement officials should follow all leads, even if that means more surveillance and ethnic profiling."
Posted at 08:44 AM by Howard Bashman

"Peter Sagal's Constitution USA": At "Constitutional Law Prof Blog," Steven D. Schwinn has this post previewing the upcoming PBS four-part series.
Posted at 08:37 AM by Howard Bashman

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